(1.) Heard learned Counsel for the parties. This petition by the landlord is directed against an appellate order dated 2.3.2001 by which his release application has been dismissed after setting aside the order of the Prescribed Authority.
(2.) The petitioner landlord preferred a release application No. 23 of 1996 under Section 21 (1)(a) of U.P. Act No. 13 of 1972 inter alia with the allegation that the respondent is the petitioner's tenant of the disputed shop at Rs. 30/- per month but the petitioner having retired from the Indian Air Force on 30.9.1994 at the age of 40, therefore required the disputed shop to engage himself and run a general merchant shop from the disputed premises and also to enhance his income which was meagre for the needs of his family. It was further stated that the respondent tenant has another shop No. 523A adjoining the disputed shop and in case the application is allowed, he would not suffer.
(3.) The respondent tenant contested the said application on various grounds including that he was carrying on business from the disputed shop since last several years and the petitioner had sufficient income from his pension, rent and share in the Jajmani business and therefore did not require the shop. It was further asserted that from shop No. 523A his son Brij Mohan was running a medical store independently and it was not available for him.